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By: National Special Districts Association

At the request of the National Special Districts Coalition (NSDC), of which CSDA is a founding member, U.S. Representatives John Garamendi (D-CA) and Pat Fallon (R-TX) have submitted an amendment to Fix Our Forests Act (H.R. 8790) making clear that special districts are explicitly included in the definition of “local government” and eligible to participate in the wildfire-related programs authorized under the Healthy Forests Restoration Act of 2003. It also expands the Good Neighbor Authority (GNA) to special districts.

The GNA is a land management tool used by the USFS and BLM to plan and execute cross-jurisdictional restoration work. Under current law, only states, counties, and tribes are able to enter into such agreements.

Later today, the House will consider H.R. 8790 and vote on the Garamendi-Fallon amendment. The Fix Our Forests Act seeks to restore forest health, increase resiliency to catastrophic wildfires, and protect communities in the wildland-urban interface. The measure, which aligns with many of the recommendations of the Wildland Fire Mitigation and Management Commission, would accomplish the aforementioned goals by expediting environmental reviews, limiting frivolous lawsuits, and increasing the pace and scale of forest restoration projects. The bill also would provide federal land managers, including the U.S. Forest Service (USFS) and Bureau of Land Management (BLM), with additional tools to expedite forestry projects.

Specifically, H.R. 8790 would use fireshed mapping to prioritize the treatment of forests at the highest risk of wildfire. In addition, and to increase the pace of treatments, the bill would allow agencies to conduct critical forest management work concurrently with producing an environmental analysis. H.R. 8790 also would enable agencies to adopt categorical exclusions – or specific exemptions from full National Environmental Policy Act (NEPA) review – for certain forest management projects. To further support rural economies, the bill strengthens tools such as Good Neighbor Authority, Stewardship Contracting, and Shared Stewardship.

In an effort to deter frivolous litigation, the measure would prevent courts from stopping a project unless substantial environmental harm can be proven. Additionally, the legislation would require litigants to sue within 120 days and to have participated in the public comment process. Finally, the Fix Our Forests Act would promote intergovernmental collaboration by creating a new Fireshed Center made up of representatives from different agencies. The Center would help to inform suppression and management decisions.

Although there is bipartisan support for the measure, some Democrats have expressed concerns that the proposed reforms would weaken bedrock environmental laws. A letter from 85 environmental organizations outlining these concerns can be accessed here. For its part, the Biden administration has issued a Statement of Administration Policy that “strongly opposes” the bill, though it should be noted that the president did not issue a veto threat.

The full House schedule can be accessed here.